131Right to appeal against enforcement notice(1)

The following persons may appeal to the Welsh Ministers against an enforcement notice (whether or not a copy of the notice has been served on them)—

(a)

any person who has an interest in the land to which the notice relates;

(b)

any person who by virtue of a licence—

(i)

occupies the land on the day the notice is issued, and

(ii)

continues to occupy it when the appeal is made.

(2)

An appeal may be made on one or more of the following grounds—

(a)

that, in relation to the matters specified in the enforcement notice as constituting a breach of planning control, planning permission ought to be granted or a condition of planning permission ought to be removed;

(b)

that the matters specified in the notice as constituting a breach of planning control have not occurred;

(c)

that those matters (if they have occurred) do not constitute a breach of planning control;

(d)

that if those matters do constitute a breach of planning control, no enforcement action could be taken in respect of the breach on the day the notice was issued;

(e)

that a copy of the notice was not served on a person as required by section 129;

(f)

that the steps the notice requires to be taken for either of the purposes set out in section 128(6), or the activities it requires to be stopped for either of those purposes, exceed what is necessary for the purpose in question;

(g)

that the period within which the notice requires any step to be taken or any activity to be stopped is unreasonably short.

(3)

An appeal against an enforcement notice may not be made on the ground that planning permission ought to be granted for a matter specified in the notice if—

(a)

the enforcement notice was issued after a decision to refuse planning permission for development was upheld on an appeal under section 73, and

(b)

granting planning permission for that development would have involved granting planning permission for the matter concerned.

(4)

An appeal may not be made on the ground that a condition of planning permission ought to be removed if the enforcement notice was issued after a decision to grant planning permission subject to the condition was upheld on an appeal under section 73.

(5)

In subsections (3) and (4) references to a decision that was upheld on an appeal include a decision in respect of which the Welsh Ministers dismissed an appeal under section 77(7) (undue delay by appellant).

(6)

An appeal under this section must be made by—

(a)

serving a notice of appeal on the Welsh Ministers before the date specified in the enforcement notice as the date on which it is to take effect,

(b)

sending a notice of appeal to the Welsh Ministers in a properly addressed and pre-paid letter posted to them at a time when, in the ordinary course of post, it would be delivered to them before that date, or

(c)

sending a notice of appeal to the Welsh Ministers using electronic communications at a time when, in the ordinary course of transmission, it would be delivered to them before that date.

(7)

Where an appeal is made—

(a)

the enforcement notice has no effect until the appeal is finally determined or withdrawn; but this is subject to any order under section 378(6);

(b)

neither the appellant nor any other person is entitled, in any other proceedings started after the making of the appeal, to claim that the enforcement notice was not served on the appellant in accordance with section 129.

(8)

An appellant must submit to the Welsh Ministers a statement in writing containing information required by regulations.

(9)

The appellant must submit the statement either—

(a)

with the notice of appeal, or

(b)

within the period specified in regulations.

(10)

Where an appeal is made on more than one ground, if the appellant fails to give information required under subsection (8) in relation to a ground within the period specified under subsection (9)(b), the Welsh Ministers may determine the appeal without considering that ground.